[HISTORY: Adopted by the Lewiston Town Board as indicated
in article histories.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Control of drainage — See Ch. 143.
Disposal of runoff waters — See Ch. 340.
Excavation in freshwater wetlands — See Ch. 181.
Specifications for public improvements — See Ch. 256.
[1]
Editor's Note: Former Ch. 8D, Excavations adopted 10-31-1977
by L.L. No. 10-1977, was repealed 2-2-1987 by L.L. No. 3-1987.
[Adopted 2-2-1987 by L.L. No. 2-1987 (Ch. 8D, Art. I, of
the 1965 Code)]
This article shall be known as and may be cited as the "Excavation
Control Law of Lewiston."
Although cognizant of the necessity and usefulness of excavations
and related businesses, the Town Board of the Town of Lewiston is
duty-bound to protect and promote the general welfare of its citizenry.
While the Town of Lewiston does not desire to entirely prohibit excavations
and related businesses within its boundaries; it does seek to make
these activities more closely aligned with the rights of the general
public to quiet, healthful and safe enjoyment of life and property.
It is therefore declared to be the policy of the Town of Lewiston
to regulate and control said excavations and related businesses by
removing the dangers to health, safety and life caused by said activities.
As used in this article, the following terms shall have the
meanings indicated:
All on-site operations involved in the excavation, grading,
removal and transporting, stockpiling or further fabrication of soil,
clay, sand, gravel or other natural deposits.
Trees, hills, fences, berms or other natural or artificial
features which are located so as to conceal or separate the excavation
site and related activities from other land uses and to reduce the
negative effects on these land uses of noise, glare, dust, visual
ugliness and other factors associated with the excavation site and
related activities.
Cohesive material consisting of fine-size particles and which
is highly impermeable.
A cavity, hole, pit, quarry or surface regrading of land
formed by digging or regrading for the purpose of extracting stone,
gravel, sand, clay, shale or other natural minerals or the topsoil
therefrom.
At least 10 acres of land used to produce saleable products
by a farmer.
An individual who owns or leases the land and works the land
to produce saleable products. A "farmer" must be able to substantiate
that at least 25% of his income is derived from the operation of a
farm.
A water-filled excavation on a farm to be used for irrigation or as a water source for livestock; not larger than one acre [43,560 square feet] nor deeper than 10 feet, measured from the high water line to the deepest point excavated. There shall be a maximum of one farm pond (exempt under § 150-5B) per farm. No one shall be allowed to subdivide a farm for the purpose of having multiple exempt farm ponds.
[Amended 12-12-1988 by L.L. No. 3-1988]
A vertical barrier of sufficient height, depth and construction
to deter the passage of humans or animals from one area to another.
Loose rounded fragments of stone.
An inland body of water which shall, for this article, be
interpreted to include small ponds and lagoons as well as larger bodies
of water.
Includes any individual, corporation, firm, partnership or
similar entity.
The Planning Board of the Town of Lewiston, Niagara County,
New York.
The reparation to an environmentally acceptable natural state
of an area which has undergone physical change due to excavation and
related activities.
Loose granular material, used in mortar, glass, abrasives
and foundry molds, that results from the disintegration of rocks.
Rock that is formed by the consolidation of clay, mud or
silt; has a finely stratified or laminated structure; and is composed
of minerals essentially unaltered since deposition.
A concretion of earthly or mineral matter.
The bed or stratum of earth or earthy material immediately
under the surface of topsoil.
Surface earth, including the organic layer in which most
plants have their roots.
The Town Board of the Town of Lewiston, Niagara County, New
York.
The Town Clerk of the Town of Lewiston, Niagara County, New
York.
The Town of Lewiston, Niagara County, New York.
This article shall be applicable to all territory within the
Town of Lewiston, exclusive of any incorporated Village or Indian
reservation, and shall include all excavation and regrading where
surplus excavated material is a by-product of the excavation and/or
regrading, whether or not said excavation or regrading is also governed
by the Agriculture Stabilization Law or the New York State Mined Land
Reclamation Law, Title 27.[1] Where more than one law applies, the more stringent requirements
shall control.
[1]
Editor's Note: See the Environmental Conservation Law, §
23-2701 et seq.
The following operations and uses are hereby excepted from the
application of this article:
A.
Excavations or removal of stone, gravel, clay, sand, shale, subsoil
or topsoil incident to highway, sidewalk or driveway construction,
to the extent that said materials are removed solely from the bed
of said highway, sidewalk or driveway.
B.
The moving of stone, gravel, clay, sand, shale, subsoil or topsoil
from one part of a premises to another part of the same premises incident
to the construction of a building or other improvement of land or
incident to landscaping.
C.
Removal of excess stone, gravel, clay, sand, shale, subsoil or topsoil
from the area of a subdivision granted final approval by the Planning
and Town Boards of the Town of Lewiston pursuant to any applicable
zoning ordinance of the Town of Lewiston, provided that any such removal
is in accordance with plans and specifications approved by said Planning
Board.
D.
Construction of sewage disposal systems.
E.
Any sanitary landfill site or dump operation conducted by the Town
of Lewiston or on its behalf.
F.
Any excavation operation conducted by the Town of Lewiston, including
the cleaning of ditches by the Highway Department and/or an official
of the Highway Drainage District or their authorized agent.
G.
Construction of a farm pond or farm lagoon, provided that the farm
and farmer meet the definition and that the plans are prepared by
a licensed professional engineer and/or have been designed by the
Agricultural Stabilization Conservation Service.
H.
The construction of a one-acre farm pond is exempt from portions of this article, including the performance bond (§ 150-10), insurance (§ 150-11), and excavation fee (§ 150-12B). The construction of a farm pond will require the Town approval of a complete application, payment of a permit fee, as set from time to time by resolution of the Town Board of the Town of Lewiston, and following the excavation law guidelines. In order to be exempt from the bond, insurance and excavation fee, the applicant must meet the following requirements:
[Amended 12-12-1988 by L.L. No. 3-1988; 8-27-2018 by L.L. No. 4-2018]
(1)
Provide
plans prepared by either a licensed professional engineer and/or the
Agricultural Stabilization Conservation Service.
(2)
Provide certification, approvable by the Town Board, that construction will be located on a farm for a farmer. The Town Building Inspector shall require record drawings, showing actual size, shape, area and depth, to be submitted by a New York State licensed land surveyor and/or Agricultural Stabilization Conservation Services. Bench marks must be on United States Geodetic Survey datum. Failure to provide record drawings shall be made punishable under § 150-14 of this article. Further, the Town shall cause record drawings to be prepared by a New York State licensed land surveyor and the cost assumed against the property.
No excavation activities shall be conducted within the Town of Lewiston after the adoption of this article without the operator thereof having first obtained a written permit from the Town Board, and no such operation shall be conducted beyond the expiration date of said permit or renewal thereof, nor at any time after said permit has been revoked, unless the operator of said operation holds a subsequently issued and currently effective permit under this article, except that no part of this article shall apply to operations excepted under § 150-5.
A.
Each application for a permit, a renewal of a permit or an amended
permit shall be filed in quintuplicate with the Town Clerk. Each copy
of said application shall set forth and include:
(1)
A statement including the name and address of each owner and mortgagee
of the land to be used in the operation, as well as the name and address
of each person holding a lien on such land.
(2)
An abstract of title or other satisfactory evidence of the ownership
of the land which is to be used in the operation.
(3)
A statement as to the period of time required to complete the total
proposed excavation operation, including restoration: maximum permit
time to be two years and renewable for two-year periods. A renewal
permit requires review and approval by the Town Board.
(4)
A statement as to the zoning classification of the land on which
the operation is to be conducted.
(5)
Prints from vertical aerial photographs taken at a scale, on the
original negative, no smaller than one inch equals 1,000 feet, which
are certified as flown not earlier than 10 years prior to the date
of the application. The area covered by the aerial photographs shall
include all land within a distance of at least one mile from the limits
of the tract proposed for permit. Prints from the aerial negatives
shall be made at a scale of one inch equals 200 feet.
[Amended 12-12-1988 by L.L. No. 3-1988]
(6)
Location maps, in the form of overlays to the aerial prints, giving
the boundaries of the area proposed for permit and any area which
has previously been excavated and identifying all existing public
and private land uses and ownership within a distance of at least
1,000 feet of these areas.
(7)
An engineering map prepared by a New-York-State-licensed engineer
or surveyor at a scale no smaller than one inch equals one 100 feet.
The map shall show the following, both within the tract proposed for
permit and within 500 feet of the tract:
(a)
Existing topography at contour intervals of one foot or grid
elevations, to the nearest tenth of a foot, every 100 feet. Elevations
shall be based on United States Geological Survey data and tied into
bench marks currently used by the Town.
(b)
Soil borings on a five-hundred-foot grid penetrating at least
20 feet below the bottom of the proposed excavation and an engineering
report, prepared by New York State licensed engineer, regarding materials
and their proposed use. If a lake is proposed, the report shall address
the ability of the proposed lake to hold water.
(c)
Drainage.
[1]
Surface drainage pattern, including grades of all creeks or
drainage at fifty-foot intervals for a minimum distance of 500 feet
beyond the parcel of land covered by the permit. A site-discharge
drainage ditch shall be profiled 1,000 feet off the site.
[2]
Drainage systems to be installed to ensure proper surface drainage
during and after completion of the work. Drainage and hydraulic calculations
for all ditches, spillways, overflow structures, etc., shall be submitted
with the engineering map.
(d)
The location of all proposed and existing underground utilities
and facilities.
(e)
Exact conditions, profiles and cross sections of the premises
before excavation and those proposed after excavation.
(f)
Property lines, with dimensions and angles.
(8)
Guidelines for acceptable standards of site designs, operation and
restoration are appended hereto and made a part hereof.
[Amended 12-12-1988 by L.L. No. 3-1988]
(9)
A stormwater pollution prevention plan (SWPPP), if required for the proposed excavation activity under Article II of Chapter 143 of the Town Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 143-5B of the Town Code.
[Added 12-27-2007 by L.L. No. 3-2007]
B.
The Town Clerk shall forward to the Planning Board of the Town of Lewiston, the Engineer of the Town of Lewiston and the applicable department(s) of the Town of Lewiston a copy of all applications and documents filed with the Town Clerk as required by this section. The Town Board shall not grant any permit or renewal or amendment thereof, other than a temporary permit or renewal temporary permit, for 30 days after said referrals, to allow said Planning Board, Engineer and applicable department(s) to review the application and make their recommendations to the Town Board. Within the thirty-day period, the Planning Board may hold hearings on the application if it determines hearings are necessary. After the thirty-day period, the Town Board may grant or deny the application, regardless of whether any recommendations have been received. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 150-7A(9) of this chapter, the Planning Board shall not make a recommendation to approve the application unless the SWPPP and application, including the engineering map, comply with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code. Said recommendations, if submitted, shall not be binding on the Town Board. Nothing in this section shall prohibit the Town Board from holding preliminary hearings or conferences with the applicant or his representative.
[Amended 12-27-2007 by L.L. No. 3-2007]
The Town Board may, in its discretion, direct a public hearing
if it determines that said hearing is necessary. Not more than 40
days nor less than 20 days before the public hearing, notice of the
time and place of said hearing shall be published, pursuant to a resolution
by the Town Board, in the newspaper or newspapers and posted on the
official Town signboard.
A.
Permits and amended and renewal permits may be issued by the Town
Board pursuant to all the provisions of this article and subject to
any additional conditions and/or restrictions imposed by the Town
Board. The Town Board has full power and authority to vary those standards
and conditions during the period of said temporary or permanent permits
if strict enforcement thereof would result in unnecessary hardship
to such operators resulting solely from the enactment of this article.
B.
Approval or denial of the application by the Town Board shall be rendered within 30 days after the conclusion of the public hearing, if a hearing is required, or submittal of said application unless both the Town Board and the applicant mutually consent to a time extension. If a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 150-7A(9) of this chapter, the Town Board shall not approve the application or issue an excavation permit unless the SWPPP and application, including the engineering map, comply with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code. The applicant will be notified of the decisions, in writing, mailed to the address shown on the application.
[Amended 12-27-2007 by L.L. No. 3-2007]
C.
Excavation permits shall be issued for a period of no greater than
two years and shall be subject to semiannual site inspection and review
by the Building Inspector, Town Engineer and any other agent designated
by the Town Board. A report of the semiannual inspection, including
excavation fees, shall be filed with the Town Board and sent to the
owner and applicant. Inspection may also be made by an official Town
agent at any reasonable time as deemed necessary by the Town. Refusal
to permit a duly authorized person or agent to enter upon the premises
for purposes of making any inspection authorized or required under
the provisions of this article shall constitute a violation of the
terms of the permit issued to such owner. The cost of semiannual inspections
and other inspections reasonably required by the Town shall be charged
to the escrow fund.
D.
If, upon any inspection and review, it is determined that the excavation
and appurtenant activities have not been conducted in full compliance
with the terms of the excavation permit, the permit may be terminated
by the Town Board, and the performance bond and excavation fee charges
for this article shall be forfeited to the Town.
E.
Renewal of an excavation permit upon its termination shall follow
the same procedures as those required in this article for the original
permit, except that, if an application for renewal was properly filed
prior to the expiration of an existing permit, the term of the existing
permit shall be deemed to be extended to the time that the Town Board
files its decision in regard to the application for renewal.
F.
The Town Clerk shall perform the function of executing any permit
on behalf of the Town Board but shall do so only upon resolution or
order of the Town Board setting forth any conditions and/or restrictions
with respect thereto.
G.
When any permit has been issued under this article, a transfer may
be authorized and allowed by the Town Board upon the same conditions
and/or restrictions as the original permit, and, in such event, the
application for said transfer shall contain all the information, documents
and maps required on an application for an original permit hereunder.
Any such transfer shall be made subject to all the conditions and
restrictions contained in the original permit, as well as any other
conditions and/or restrictions the Town Board may impose, and such
transfer shall not be authorized until all applicable requirements
of this article have been met, at which time a certificate of the
transfer may be issued by the Town Clerk on behalf of the Town Board
or resolution or order of the Town Board.
A.
After the approval of the application and before the issuance of
any permit, the Town Board shall require that a performance bond be
jointly and severally executed and filed with the Town Clerk by the
applicant and all owners of record of the premises. Said bond shall
be secured by a letter of credit or surety bond to the Town in the
amount of at least $5,000 per acre, up to a total of $1,000,000. The
above party or parties guarantee with said bond that, upon termination
of either the permit or the operation, whichever may come first, the
land shall be restored in conformity with both the permit requirements
and standards set forth by this article. In the event of default of
compliance, such letter of credit or surety bond shall be forfeited
to the Town. The Town shall return to the applicant any amount that
is not needed to cover the expenses of restoration, administration
and any other expenses reasonably incurred by the Town as a result
of the applicant's default.
B.
Said bond shall continue in full force and effect until a certificate
of compliance shall have been issued by the Town Engineer. Prior to
the issuance of said certificate, the Town Board may require a statement
showing the manner of compliance with the plan of restoration.
C.
Said bond shall also provide that the time for compliance with any
such plan of restoration shall be deemed to be accelerated and terminate
120 days after the date of revocation of such permit pursuant to the
provisions of this article as in effect at the time of revocation.
D.
In the event of a transfer of a permit, the Town Board shall require
the filing of a certificate from the surety company issuing the bond
then in effect, continuing the same as to the new permit holder or
certifying that a new bond has been issued.
B.
Said insurance shall be maintained throughout the term of the permit,
and the aforementioned certificates shall provide for 30 days' notice
to the Town prior to the cancellation of coverage. Insurance shall
specifically name the Town of Lewiston and its agents, including the
Engineer, Surveyors and any other authorized representative of the
Town, as additional insureds.
A.
Permit.
(1)
Upon filing an application for a permit, the applicant shall pay
to the Town a fee, as set from time to time by resolution of the Town
Board of the Town of Lewiston.
[Amended 8-27-2018 by L.L. No. 4-2018]
(2)
Said total sum shall be deemed a reasonable sum to cover costs of
review and administration, no part of which shall be returnable to
the applicant. Acreage shall be based on total area for the overall
site plan, including newly relocated off-site ditches. Acreage calculations
shall be done by the Town Engineer. The fee for renewal of a permit
shall be 1/2 of the regular permit fee.
(3)
The Town Board has the right to reduce the permit fee (§ 150-12A), the performance bond (§ 150-10) and insurance limits (§ 150-11) for farmland reclamation where plans thereon have been designed under the Agricultural Stabilization Law. Said plans must be designed to drain farmland without creating ponding. The reduction, if any, will be determined by the Town Board on a case-by-case basis and will depend on the Town Board's estimate of the review and administrative costs as well as potential risk. This reduction will not affect the excavation fee.
B.
Excavation fee.
(1)
To
assure the Town that the restoration takes place, Town streets are
adequately maintained and rebuilt and the improvements required are
satisfactorily completed, the Town shall require a fee payment, as
set from time to time by resolution of the Town Board of the Town
of Lewiston, of all excavated material removed from the site. This
sum shall be billed by the Town and paid by the permittee every six
months. The first payment shall be made in advance upon issuance of
the permit by payment based on the phasing schedule and computed by
the Town Engineer. The Town shall split this excavation fee in two
equal parts. One-half is to be immediately paid over to the Town and
used as the Town Board may determine. The other half of the excavation
fee shall be placed in an interest-bearing escrow account.
[Amended 8-27-2018 by L.L. No. 4-2018]
(2)
The amount of the excavation fee, including the up-front payment,
shall be determined by the Town or a New-York-State-licensed professional
engineer and land surveyor retained by the Town. Calculations will
be based on original baselines established by the approved surveyor
and resurveyed at the semiannual inspection to determine the exact
volume removed. The inspection and survey cost shall be paid out of
the escrow account as shall the emergency repairs of any Town roads
or other reasonable Town costs incurred.
(3)
Excavation fee shall be paid within 30 days of receipt of the Town
bill. Failure to pay within this time frame shall constitute cancellation
of the permit and forfeit of the performance bond and escrow fund.
At the satisfactory conclusion of the excavation project, including
the acceptance by the Town of all utilities and other amenities, all
unused escrow funds shall be returned to the developer, along with
a financial statement of all transactions.
[Added 12-12-1988 by L.L. No. 3-1988]
The following shall be guidelines of standards of site design,
operation and restoration:
A.
Operation plan. An Operations Map presented as an overlay to the
Engineering Map. The following features, including the area devoted
to each, shall be shown:
(1)
Existing and proposed excavation areas.
(2)
Existing and proposed appurtenant activities, identified by type.
(3)
Existing and proposed access and haul roads, identified by width
and type of surface material. Method for protecting Town roads, if
any, proposed to be used for hauling.
(4)
Existing and proposed parking facilities, identified by type of surface
material.
(5)
Existing and proposed fencing and buffers, identified by height,
type of material and in sufficient detail to allow construction.
(6)
Area where topsoil or any other materials will be temporarily stored
for use in restoration. Maximum height of storage and slope of pile.
(7)
Existing and proposed structures to be used in said operations.
(8)
Phasing map showing sequence of operations and estimated time frames.
B.
Environmental impact statement. A detailed environmental impact statement
setting forth the following:
(1)
A description of the proposed excavation and its environmental setting.
(2)
The environmental impact of the proposed excavation, including short-term
and long-term effects.
(3)
Any adverse environmental effects which cannot be avoided should
the proposed excavation be implemented.
(4)
Alternate methods of effectuating the excavation.
(5)
Mitigation measures proposed to minimize the environmental impact.
(6)
The growth-inducing aspects of the proposed excavation.
(7)
Effects of the proposed excavation on the use and conservation of
energy resources.
(8)
Any other information consistent with the purposes of energy resources.
(9)
If lake or wetlands are proposed, address method of controlling insects
and small animals and who will be responsible for said control.
C.
Restoration plan. A restoration plan presented as an overlay to the
Engineering Map and consisting of whatever supplementary descriptive
materials are deemed appropriate. The restoration plan shall include
the following:
(1)
Boundaries of the area proposed for restoration.
(2)
Final topography of the area proposed for restoration at contour
intervals of one foot.
(3)
Final surface drainage pattern and location and characteristics of
artificial drainage facilities in the area proposed for restoration
and in contiguous areas.
(4)
Depth and composition of topsoil proposed to be used in restoration.
(5)
The type and density of trees and shrubs, grasses and other vegetation
proposed to be used in restoration.
(6)
If final restoration plan includes a lake, the plan shall include
complete drainage calculations based on a one-hundred-year storm prepared
by a licensed New York State professional engineer, detailing the
following:
(a)
How the lake will be filled, drained and operated.
(b)
How rainfall retainage will be included in the proposed lake
so as to minimize or negate downstream flooding.
(c)
Assurance that the lake will hold water and lake level can be
positively maintained within six inches of design level.
(d)
Statement as to who will be responsible for maintenance of the
lake. If a homeowners' association is proposed, a draft copy of deed
restrictions and bylaws of association must be filed with the application
and assurance as to who will be responsible for maintenance of the
lake, with such bond as may be required by the Town Board.
D.
Standards for site design and operation.
(1)
The disturbed area shall not exceed a total of 50 acres at any one time. Notwithstanding the foregoing, if the excavation activity is subject to the requirements of Article II of Chapter 143 of the Town Code, no more than five acres shall be disturbed at any one time, unless pursuant to a stormwater pollution prevention plan submitted by the applicant and approved by the Town.
[Amended 12-27-2007 by L.L. No. 3-2007]
(2)
Setback.
(a)
No excavation shall be conducted closer than 200 feet from a
public right-of-way or adjoining or within a property line unless
a written consent can be obtained from the adjoining or within 200
feet of excavation of property owners. No haul road shall be within
100 feet of an adjacent property line.
(b)
This setback area shall not be used for any use in conjunction
with excavation or appurtenant activities except one sign at each
corner for identifying the use of the property, fencing, buffers and
access roads.
(c)
Corner posts shall be set designating the land area involved.
Such posts shall have a sign affixed thereto, 24 inches in length
by 12 inches in height, containing the name of the person to whom
the permit has been issued, the permit number and a statement of the
month of issue. The top of such corner posts shall be at least four
feet above the ground level and shall be placed in position by the
licensed engineer or surveyor at the time of issuance of permit. These
posts shall be maintained in their exact positions throughout the
entire operation to aid the inspection of the area to which the permit
relates by all interested persons. In the event that such posts are
not in place, said permit shall be subject to suspension at the discretion
of the Town Board until such time as they have been replaced in exact
position.
(d)
All structures and appurtenant activities shall not be located
closer than 200 feet from a public right-of-way or adjoining property
line, except that such a location demonstrates that, where appropriate
sufficient safeguards, such as a buffer, will be provided for the
protection of neighboring environment and residents.
(3)
Access roads and parking.
(a)
All access roads shall be designed to take advantage of buffers
and to include curves or other features to screen, as much as is feasible,
excavation and appurtenant activities from public view. The junction
of access roads and public roads shall be at an angle of not more
than a deviation of 10° from a right angle 90°.
(b)
All major access roads shall be sufficiently free of dust and
mud to prevent such material from being spread or blown from the premises.
All precautions such as oiling and applying calcium chloride, with
the approval of New York State Department of Environmental Conservation,
or watering daily, or more frequently when necessary, shall be taken
to prevent dust and sand from being blown from the premises. The first
200 feet of access from a public road or residential area shall be
paved with an asphaltic concrete pavement.
(c)
Sufficient off-street parking shall be provided inside the setback
area for company, employee and visiting vehicles. The parking of any
such vehicle on a public right-of-way or the impeding of traffic or
creating of traffic hazards by the parking of any such vehicle shall
be prima facie evidence of failure to provide for adequate parking.
(4)
Preservation of natural features.
(a)
All topsoil shall be stripped from the active excavation area
and shall be stockpiled for use in accordance with the restoration
plan, but no closer than 100 feet to any property line. Such stockpiles
shall be seeded, covered or otherwise treated to minimize the effects
of erosion by wind or water upon public roads, streams or other water
bodies or adjacent property. This provision applies to all excavations
except those for topsoil removal, in which case the provision applies
for only that topsoil which has been stripped for use in the restoration
plan.
(b)
Existing hills, trees and ground cover fronting along public
roads or adjacent property shall be preserved, maintained or supplemented
by selective cutting, transplanting and addition of new trees, shrubs
and other ground cover for the purpose of providing a buffer. If the
existing topography and vegetation do not lend themselves to such
treatment, the operation shall take into consideration the potential
of grading back overburden around the perimeter of the excavation
site to create a berm for the purpose of providing a buffer, provided
that the berm is properly landscaped with trees, shrubs and other
ground cover. No berm shall be constructed within 40 feet of a public
right-of-way or adjoining property line.
(c)
An adequate drainage system that complies with any stormwater
pollution prevention plan (SWPPP) submitted by the applicant and approved
by the Town shall be provided to convey stormwater runoff originating
on or crossing the premises such that runoff follows, as much as feasible,
the natural pattern of runoff prior to excavation and such that it
does not adversely affect neighboring property owners. Excavated or
disturbed areas adjacent to natural bodies of water or proposed lakes
shall be undertaken in a manner approved by the Department of Environmental
Conservation of the State of New York and the Town Engineer. Soil
erosion, sedimentation and groundwater seepage shall be controlled
so as to prevent any negative effects on bodies of water, public roads
and neighboring properties, in accordance with any SWPPP submitted
by the applicant and approved by the Town.
[Amended 12-27-2007 by L.L. No. 3-2007]
(5)
Other safeguards.
(a)
Fencing may be required on all sides of all excavations. Fencing
shall be required on all sides of any disturbed areas that are within
200 feet of residences. Fencing shall be erected no closer than 40
feet from a public right-of-way or adjoining property line. The fencing
shall be at least six feet in height. The Town Board may require a
fence, berm or other buffer along part or all of the boundary for
safety, visual or other screening purposes.
(b)
Lateral support shall be sufficient to prevent the hazard of
damage to persons, adjacent properties and public roads by reason
of slides, sinking or collapse and so as to substantially prevent
the obstruction or impediment or change in the course of surface water
or otherwise prevent any adverse effect on any public waters used
as a part of any public drainage.
(c)
Excavation and appurtenant activities shall be conducted only
between 7:00 a.m. and 5:00 p.m. on Monday through Friday and between
7:00 a.m. and 1:00 p.m. on Saturday and shall not be allowed on Sundays
or legal holidays. Material-hauling loaded trucks shall enter or leave
the premises only within the hours permitted for the operation of
excavation and appurtenant activities.
(d)
Noise from excavations, appurtenant activities and related operations
shall not be such as to interfere with the quiet enjoyment of neighboring
properties.
(e)
Trucks shall be loaded to prevent spillage or windblown matter
during transport on public roads. The Town may require trucks to be
covered if dust is a problem. In the event of spillage, the truck
owner or agent shall clean the roadway immediately.
(6)
Drainage. The excavation shall be conducted in accordance with any
stormwater pollution prevention plan submitted by the applicant and
approved by the Town.
[Added 12-27-2007 by L.L. No. 3-2007]
E.
Standard for restoration.
(1)
No slope shall be left with a grade steeper than one foot of vertical
rise to three feet of horizontal distance, and the normal angle of
repose should not be exceeded in any case.
(2)
All stumps, boulders and other debris resulting from the excavations,
appurtenant activities or related operations shall be disposed of
by approved methods. If disposed of on the site, such debris shall
be covered with a minimum of two feet of fill.
(3)
Topsoil shall be spread over the excavated and restored area to a
minimum depth of six inches.
(4)
The restoration area shall be planted with trees, shrubs, grass or
other vegetation so as to provide for screening, natural beauty and
soil stability. The planting shall follow acceptable conservation
practices.
(5)
Proposed lakes shall have an impermeable layer of clay at least two
feet thick, when compacted, throughout the entire lake bottom and
for two feet above the highest water level. Side slopes shall not
be greater than one vertical to three horizontal within 30 feet of
the shoreline above and below the proposed water level. Justified
steeper slopes may be accepted where water level is proposed to be
deeper than 10 feet. When retention is proposed, the overflow shall
be designed for a maximum increase in elevation of two feet based
on a one-hundred-year storm saturating the entire watershed. The designer
must provide calculations and methodology for positively maintaining
lake level within 12 inches of design elevation when retention is
not proposed. On lakes including stormwater retention provisions,
lake level may vary 12 inches below design level and 24 inches above
design level, lake design to make provision for minimizing soil erosion
and silting in lake bottom. Notwithstanding the foregoing, lakes and
stormwater retention facilities shall be designed and constructed
in accordance with any stormwater pollution prevention plan submitted
by the applicant and approved by the Town.
[Amended 12-27-2007 by L.L. No. 3-2007]
(6)
Restoration shall be undertaken in such a way that natural and storm
drainage, where it enters and leaves the premises, shall be altered
only to the minimal degree necessary to carry out excavations and
appurtenant activities. Any alterations of natural and storm drainage
shall not adversely affect public roads or neighboring property owners.
(7)
Restoration shall be a continuous operation, subject to review and
approval at each inspection and at the termination of the permit period.
Topsoil grading and planting of the area designated for restoration
during the permit period shall have been completed before a permit
renewal is granted.
(8)
Within six months after termination of the excavation operation,
all equipment, buildings, structures and other unsightly evidence
of the operation shall have been removed from the premises or disposed
of by approved methods, and all restoration shall have been completed.
(9)
Restoration shall comply with any stormwater pollution prevention
plan submitted by the applicant and approved by the Town.
[Added 12-27-2007 by L.L. No. 3-2007]
This article shall be deemed an exercise of the powers of the
Town of Lewiston to control, preserve and improve the quality of the
natural and man-made environment on behalf of the present and future
residents of the Town.
A.
A violation of any provision of this article is hereby declared to
be an offense against such article, punishable as a misdemeanor to
the extent prescribed by law, but not to exceed a fine of $500 or
imprisonment for 30 days, or both.
B.
Each and every day that a violation of this article is permitted
to exist shall constitute a separate offense.
All local laws and ordinances or parts thereof in conflict herewith,
specifically including the Zoning Ordinance of the Town of Lewiston,[1] are hereby repealed and superseded by this article. Such
repeal and supersession shall not affect or impair any act done, offense
committed on right accrued or acquired or liability, penalty, forfeiture
or punishment incurred prior to the time such repeal and supersession
takes effect.
If, during inspection, it is determined by Town officials that
there are violations of this article, whether or not included in the
approved application and permit, the Town shall notify the applicant
and owner of the violations in writing. It shall be the applicant's
responsibility to include said items in the operating plan within
seven days of said notification. Failure of the owner to make said
changes shall be adequate grounds for the Town to terminate the permit.
A.
Where there are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of these regulations, the
Town Board shall have the power to vary or modify the application
of any of the requirements herein so that the spirit of the regulations
shall be observed, public safety and welfare secured and substantial
justice done.
B.
Applications for modifications and variances shall be submitted,
in writing, by the owner at the time the permit application is filed
with the Town Board. The application shall state fully what variances
are requested and shall give the justification for each request.
[Adopted 6-11-2007 by L.L. No. 1-2007 (Ch. 8D, Art. II, of
the 1965 Code)]
A.
The Town Board of the Town of Lewiston, New York finds and declares
the intent of this article as follows:
(1)
That the Town of Lewiston has heretofore developed a Master Plan,
which such Plan provides for numerous zoning classifications heretofore
nonexistent within the Town of Lewiston.
(2)
That the Town of Lewiston has for a period of time been in the process
of developing a recodification of its zoning laws so as to have such
zoning laws conform to its Master Plan.
(3)
That such Master Plan and such proposed recodification of the zoning
laws will restrict mining within the Town of Lewiston to limited areas.
(4)
That the Town of Lewiston is empowered to develop local laws dealing
with zoning so as to create an orderly development of the lands within
the Town.
(5)
That the Town hereby finds that all future applications for excavation
permits without regard to the Master Plan and/or without regard to
the current zoning laws and/or proposed recodification of the Town
zoning laws may result in haphazard applications for excavation without
common plan or scheme and without appropriate controls.
(6)
That the Town Board further finds that such future excavation permits,
unless regulated by the Town's zoning laws, current or yet to be enacted,
may have future deleterious effects upon properties within the Town
and the community or the Town of Lewiston as a whole.
(7)
That the Town Board finds that consideration must be given to the
proposed zoning law sweeping amendments as well as to the previously
developed Master Plan, which will control the areas within the Town
of Lewiston wherein mining is permitted.
(8)
That, therefore, the Town Board finds it necessary to adopt a reasonable
interim local law to govern mining within the Town of Lewiston during
the time that the Town is conducting due diligence in adopting a recodification
of its zoning laws.
(9)
That this action is necessary in order to protect the public welfare
and interests.
B.
Area boundaries. This article shall apply to all properties located
within the Town of Lewiston, exclusive of any incorporated village
or Indian reservation.
C.
Time and scope of moratorium. During the period of nine months following the effective date of this article, no permits for excavation activities shall be issued unless and except such permit deals specifically with one of the listed exceptions in § 150-5 of the Excavations Law of the Town of Lewiston or involves an application currently pending in the Town of Lewiston.
Nothing contained in this article shall be deemed to affect
or otherwise limit the continued excavation within the scope of any
previously validly issued excavation permit on property otherwise
subject to this moratorium. Nothing contained in this article shall
limit the ability of the Town of Lewiston to act on any application
for permit currently pending in the Town of Lewiston.
Any person, firm, entity, corporation, partnership, limited liability company or similar entity who shall violate any provision of this article shall be subject to the penalties for offenses as set forth in § 150-14 of the Excavations Law of the Town of Lewiston.
